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Identification of "the Dangerous Means" in "the Crime of Endangering Public Security by the Dangerous Means"

Author: JuZuoZuo
Tutor: RuanFangMin
School: Zhejiang University
Course: Criminal Law
Keywords: dangerous means equivalent dangerous degree dangerous condition endangering public safety
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 121
Quote: 0
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Abstract


As the basic elements and features of "the crime of endangering public security by the dangerous means" have not been clearly defined in the Criminal Law, and at the same time the Judge prefer to interpret the features in a broader way.So in recent years, the crime of endangering public security by the dangerous means are over-reliance in judicial practice, and in some cases it was abused. In this paper, the author defines dangerous means in the crime of endangering public security by the dangerous means as one, whose dangerous degree is equal to that of incendiaries, destruction of dam, explosion and the delivery of dangerous articles. Further more, in this paper, the author will analyze and demonstrate the related concepts in the crime of endangering public security by the dangerous means to help the judge of the dangerous means to be clearer and more specific. In the end, this paper will reanalysis the classic cases which were identified as the crime of endangering public security by the dangerous means in the juridical practice. With all these analysis, the author finds the core standards of definition the dangerous means in the crime of endangering public security by the dangerous means.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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